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Article • May 15, 2007
Kicking Suspect for Drugs Illegal by The court finds factual issues barring summary judgment with respect to the plaintiff's complaint of excessive force during arrest, and finds the defendant officers not entitled to qualified immunity with respect to kicking him for 53 seconds as he lay on the ground. At …
Article • May 15, 2007
Defendant Denial Reinforces Need for Injunction by Actions for statutory injunctions need not meet the traditional equity requirements for injunctive relief. Once a violation is shown, the moving party need show only that there is some reasonable likelihood of future violations. Past misconduct is highly suggestive of the likelihood of …
Article • May 15, 2007
No Qualified Immunity for Suicide of Utah Prisoner by The police captain who arrested the decedent was told by several people that he was a suicide risk; he said he had contemplated suicide but decided against it; the captain said he concluded the decedent was not a suicide risk. However, …
Article • May 15, 2007
No Opportunity to Earn Good Time Claim Dismissed by The plaintiff challenged a disciplinary proceeding. The sanctions of six weeks' loss of visiting, transfer to a higher security prison, and loss of his position as Minority Camp Co-Chairman with its accompanying opportunity to earn good time, did not amount to …
Article • May 15, 2007
Continuing Rehabilitation Act Claims Require Exhaustion by Plaintiffs whose administrative claims were not timely with respect to the discrete acts of which they complained cannot sue under the Rehabilitation Act based on the continuing violations doctrine merely because the challenged policy continues in effect. The Supreme Court held in National …
BOP Work Release Policy Preliminary Enjoined by The Bureau of Prisons abruptly changed its policy of allowing prisoners to serve part or all of their time at Community Corrections Centers on judges' recommendations declaring the former policy illegal and applied the change to persons already sentenced. The court has inherent …
Article • May 15, 2007
Filed under: Civil Procedure, Discovery
No Stay of Discovery for Pro Se Plaintiff by The court declines to stay defendants' discovery of a pro se plaintiff based on his medical condition and use of medication; his participation in court proceedings without manifestation of physical incapacity showed he was capable of providing the discovery. See: Davidson …
Article • May 15, 2007
Pro Se Prisoner Ordered to Produce Court Access Claim Discovery by The pro se plaintiff is directed to comply with various discovery requests. A party cannot refuse discovery on the ground that the adverse party already has the requested information or on the ground that the information can be gleaned …
Article • May 15, 2007
No Counsel Appointed in PLRA Filing Fee Suit by The plaintiff alleged that the defendants improperly applied the PLRA filing fee procedure to freeze his account entirely when he had five filing fees to pay, i.e., taking 100% of his funds rather than the one filing fee and one cost …
Article • May 15, 2007
Second Circuit Discusses Establishment of Law for Qualified Immunity Purposes by The Second Circuit continues the dance of recalcitrance begun in Horne v. Coughlin with the Supreme Court's repeated admonitions that in qualified immunity analysis, first courts determine if there was a legal violation, and second they decide if the …
Article • May 15, 2007
City Not Liable for Police Acting on Unenforceable Arrest Order by The plaintiff brought suit after police officers acted on an unenforceable out-of-state custody order. The court affirms the finding of no municipal liability. At 645: "We agree that Plaintiffs were not required to prove a pattern of constitutional violation, …
Article • May 15, 2007
No Immunity for California Cops Leaving Mentally Ill Man in Vegetative State by The defendant police officers decided to take the mentally ill plaintiff into custody for his own safety, so they knocked him down and put their knees into his back and neck. Now he is in a permanent …
Article • May 15, 2007
Police Beating Award Reduced by An award of $400,000 in compensatory damages was excessive in a police abuse case involving egregious misconduct but only soft tissue injuries. Punitive awards of $625,000 for excessive force and $650,000 for abuse of process (for which nominal damages were awarded) were excessive. The court …
Article • May 15, 2007
Work Release Lacks Standing to Challenge BOP Policy by The operator of a community corrections center challenged the Department of Justice's policy change barring persons sentenced to prison from being placed in a community corrections center except near the end of their sentences. The operator lacked prudential standing to raise …
Title VII Claim Against NY Jail by Employee Proceeds by The plaintiff correctional employee alleged discrimination based on national origin and retaliation for defending himself against discrimination charges in a Title VII administrative complaint, but in the subsequent lawsuit asserted a claim of racial discrimination. The plaintiff may pursue the …
Pennsylvania Parole Whistleblower Suit Dismissed by Speech concerning racial discrimination in parole determinations is a matter of public concern, since it implicates the process of effective self-governance and equal protection under the law." (397) However, the plaintiff staff member's interest in distributing inmate psychological records in an effort to reveal …
Article • May 15, 2007
Damages Awarded for Denial of Voting Rights by The Arkansas Plaintiffs were awarded $500 to $2,000 for deprivation of voting rights. The appeals court had previously said that they "should be entitled to more than nominal damages. Moreover, humiliation, embarrassment, and mental anguish are compensable." (1211) If there is an …
Article • May 15, 2007
Filed under: Classification, Transfers
BOP Refusal to Credit State Sentence as Concurrent Upheld by The refusal of the federal Bureau of Prisons in Oregon to exercise its discretion to designate a state prison as the place of service of a federal sentence, which would have the effect of making the sentences run concurrently, did …
Article • May 15, 2007
No Qualified Immunity for Arbitrarily Pepper Spraying Prisoner by The plaintiff alleged that he was sprayed in the face with Capstun without warning after declining to take his copy of a receipt for confiscated property, then slammed to the floor and handcuffed. He alleged that he did not intentionally disobey …
Article • May 15, 2007
PLRA Governs Motion to Disclose Grand Jury Records by A criminal defendant moved for disclosure of matters before a grand jury. The district court said that the matter was a criminal proceeding to which the PLRA's in forma pauperis restrictions were inapplicable. At 827: We have recognized, however, that proceedings …
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